Can I Get Arrested For Drugs In My Car That Are Not Mine?

NJ DUI Lawyer

We handle hundreds of Drug Possession cases in New Jersey each year.

From minor to major drug charges, we do it all.

Most of our clients get charged with Marijuana Possession during a traffic stop. 

Marijuana is still not legal in New Jersey. 

Although Pot is legal in many states, it can become a serious criminal charge in NJ. A criminal conviction for marijuana possession in NJ is the same as a heroin or cocaine conviction.

When a local NJ police officer stops you for a traffic violation, he asks for your driver’s license, vehicle registration, and current insurance.  

What started as a simple traffic case quickly turns into a criminal drug case.

Next thing you know, he asks if you have any drugs and asks you to exit your car.

You are sincerely blown away when he finds drugs in your car.

Stunned, you shout, “The drugs in my car are not mine!”

The cop rolls his eyes and says, “Yeah, right, that’s what they all say.”

On to the police station for booking.

The Arrest Sucks, but It's the drug conviction you need to worry about.

Anyone can get arrested. Cops are people and people can make mistakes. 

Just because you got arrested doesn’t mean you’ve been convicted. Remember, the State must prove their case against for you to be convicted.

Clients get arrested all the time in NJ for drugs that weren’t theirs, but the arrest doesn’t hurt your future.

It’s the “Drug Conviction” in NJ that cuts you off from all types of jobs and schooling.

We have to focus all or our energies in proving your innocence.

You can have drugs in your car that you didn’t know were there.

How many things do I have in my car that I don’t know about?

I once found a pair of earrings from an ex-girlfriend. “No, for real, I swear!”

All cases involving, ” those drugs in my car are not mine” get complicated when clients try to explain why they were there.

Why is it bad to "try to explain why the drugs were in my car"?

NJ Drug lawyer

The problem is that once you start to explain anything, you’re kind of admitting that you knew the drugs were there.

Let’s say that you once dated a guy who smoked a lot of weed.

Years ago you gave him a ride in your car and he dropped a dime bag between the console.

You had no clue it was there until you got pulled over for speeding. The cop finds the dime bag and you try to explain why it was there.

Everything you say during your explanation will not help you. It can only hurt you.

Lawyer up and let us do the explaining.

How do you help me prove that the drugs were not mine?

NJ DUI Lawyer

The first step in defending every drug case in NJ starts with our investigation.

We investigate the events leading up to the arrest. 

We closely examine every move that the law enforcement made prior to the arrest. 

We challenge the Traffic Stop & the Search of the car.

These are the types of questions that guide our investigation:

  • Was the traffic stop legal?
  • Did the police follow the law throughout their investigation?
  • Did the police have “Probable Cause” for the traffic stop?
  • Were there other occupants in the car?
  • Who were the other occupants?
  • Were the police legally allowed to search the way they did?
  • Did the police officer’s actions violate our client’s State and Federal rights?
  • Were our clients questioned illegally?
  • Did our clients receive their Miranda Rights Warning?
  • Does the prosecutor provide every bit of evidence?
  • Did the New Jersey State Police laboratory follow legal testing procedures?
Every case is different.
Different situations call for different types of investigations.
Once we have completed our investigation, we share our results with the Prosecutor.
If the evidence supports your claim that the drugs in your car were not yours, the case should get dismissed.

Tough As Nails Lawyer
“Mr. Peyrouton got all of my drug charges dismissed!
I was facing serious prison time, a divorce and a nasty criminal record.
He’s a fighter who doesn’t back down!
He is just relentless!”

Posted by G.Y. April 2012

What are the Penalties For CDS Possession in NJ?

NJ Drug lawyer
 Penalties for Possessing CDS
It is illegal in New Jersey to possess CDS for personal use without a valid medical prescription. Penalties vary according to the type and amount of CDS involved in the violation, as described below. (N.J. Stat. Ann. § 2C:35-10.) Crime in the Third degree 
Possessing any amount of a schedule I, II, III, or IV CDS incurs a fine of up to $35,000, at least three (and up to five) years in prison, or both. Crime in the Fourth degree
Possessing any amount of a Schedule V CDS incurs a fine of up to $15,000, up to 18 months in prison, or both.
Using or being under the influence of any CDS not for the purpose of treating a sickness or injury (as legally prescribed by a licensed physician) incurs a fine of up to $500.

What are the Penalties for Possession Of CDS In A Motor Vehicle in NJ?

One of the most common CDS Possession charges in NJ is Possession of CDS in a vehicle.

These charges arise from motor vehicle searches following traffic stops. Police stop a car for a minor traffic violation and upon approaching the driver side door, detect a “strong odor of marijuana emanating from the vehicle” and proceed to search the vehicle. 

The New Jersey law has recently changed regarding the requirements to search a vehicle.

Consent to search is no longer needed.

Although this is a motor vehicle offense rather than a criminal charge, police usually search and find either paraphernalia (marijuana baggies, pipes, grinders, cigars), or trace amounts of weed or coke or heroin and ALL the occupants of the vehicle are charged criminally.

You may be facing the loss of your freedom (state Prison) because CDS charges are serious felonies.

We will take the necessary steps to gather and analyze the evidence the police have against you.

Every option must be exhausted.

We will always challenge the manner in which the evidence was obtained.

The sooner you begin defending the accusations against you, the greater the chances of winning.

Click on our FREE Consultation link below and let us help you. This is all we know how to do.

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